The Rate of Bereavement Benefits Regulations 2010

Statutory Instruments

2010 No. 2818

Social Security

The Rate of Bereavement Benefits Regulations 2010

Made

22nd November 2010

Laid before Parliament

29th November 2010

Coming into force

1st January 2011

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 39(2A), 39C(1A), 122(1) and 175(1) of the Social Security Contributions and Benefits Act 1992 M1 .

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it M2 .

Marginal Citations

M1 1992 c. 4. Section 39(2A) was inserted by section 6(5) of the Pensions Act 2007 (c. 22). Section 39C(1A) was inserted by section 6(6) of that Act. Section 122(1) is cited for the meaning of “prescribe”.

M2 Section 173(1)(b) of the Social Security Administration Act 1992 (c. 5) provides that proposals in respect of regulations which would otherwise be referable to the Social Security Advisory Committee may not be so referred with the agreement of that Committee. These Regulations would otherwise be so referable by virtue of section 172 of that Act.

Citation and commencement

1.  These Regulations may be cited as the Rate of Bereavement Benefits Regulations 2010 and shall come into force on 1st January 2011.

Rate of widowed mother's allowance and widow's pension

2.  The amount prescribed for the purposes of subsection (2A) of section 39 (rate of widowed mother's allowance and widow's pension) of the Social Security Contributions and Benefits Act 1992 is [F1 £113.70.]

Textual Amendments

F1 Sum in reg. 2 substituted (with effect in accordance with arts. 1(3) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(c), 19(a)

Rate of widowed parent's allowance F2 ...

3.  The amount prescribed for the purposes of subsection (1A) of section 39C (rate of widowed parent's allowance F3 ...) of the Social Security Contributions and Benefits Act 1992 is [F4 £113.70.]

Textual Amendments

F2 Words in heading to reg. 3 omitted (6.4.2017 coming into force in accordance with art. 1-3) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 38

F3 Words in reg. 3 omitted (6.4.2017 coming into force in accordance with art. 1-3) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 38

F4 Sum in reg. 3 substituted (with effect in accordance with arts. 1(3) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(c), 19(b)

Signed by authority of the Secretary of State for Work and Pensions.

Freud

Parliamentary Under-Secretary of State,

Department for Work and Pensions

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the rate of certain benefits under Part 2 (contributory benefits) of the Social Security Contributions and Benefit Act 1992 (c. 4) (“the 1992 Act”).

Regulation 2 prescribes the amount of widowed mother's allowance and widow's pension for the purposes of section 39(2A) of the 1992 Act.

Regulation 3 prescribes the amount of widowed parent's allowance and bereavement allowance for the purposes of section 39C(1A) of the 1992 Act.

The amounts prescribed are, in accordance with section 6(9) of the Pensions Act 2007 (c. 22), equal to the amount of the basic pension before the coming into force of the first provision made under section 150A of the Social Security Administration Act 1992 (c. 5) that alters the amount of the basic pension.

A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.